Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-02-04
THE TELEPHONE CASE.
ARGUMENTS MADE BEFORE THE
UNITED STATES SUPREME COURT.
The Allegations of Fraud Committed by
Bell-Storrow for the Defence HurIs A
BOmbshen In the Government
Campbell Scores IA Point


BombsheiI In the Government
Campbell Scores Point
WAsHNGT0N, Jan. 21-Mr. Hill began
his argument to-day in the telephone
case in the United States Supreme Count.
He maintained, first, that in February,
1876, after Prof. Bell had filed his applica-
ton for new patent he surrepttiously
obtained through Examiner Wilbur's
room in the patent Office information with
regard to the contents of caveat filed by
Prot Gray to protect telephone process
invented by him; that Prof. Bell awaited
himself of the knowledge thus obtained
to amend and widen his own specified
tons 50 rs to include many of the features
of Prof. Gray's invention Second that
between Feb. II and Feb. 10, 1876, Pollok
and Bailey, Bells patent ATTORNEYS. Gin
consequence Of the guilty knowledge
which they had of the contents of Gray's
caveat, bodily interpolated an important
invention and a claim therefor into Bells
specifications. As proof of such fraud
ulent Interpolation, Mr. Hill referred to
two documents, one, copy of Prot.
Bells specifications which was given in
January, 1876, to George Brown to be
taken to England for the purpose
of obtaining patent there AMI the other
certified copy of the interlned and in
terpOlated specifications which had at one
time been on file in patent office but
which, he said, Prof Bell or his attorneys
by collision with employees of patent
office, had subsequently removed and
I.4g ft,.Nr Il g..gY
palotlonS, substituting therefor a Clean
copy in which the interlineations had been
incorporated. Mr.. HIPS charges of fraud
rested mainly upon the second document
above referred to.
Mr.. Storrow, replying for the American
Bell company, and in defence of Prot
Bell, who had been accused of theft
bribery, perjury and Justification and de
struction of official documents, attempted
to show such changes as had been made
in Bells specifications after Browns CODY
had been sent to England, were changes
which he had perfect legal right to make.
Storrow explained the origin of the so
called changes, interlineations and inter
pOlatiOns in Bells specifications
when" said Storrow II was preparing
for the argument in the Dowd case which
was pending in the United States court
for the district of Massachusetts, it be-
came necessary for me to compare the
A.
on for patent with the specifications
sent to England by Brown for the purpose
OF obtaining patent in that country
began comparing this certified COPY with
Browns specifications and for my own
convenience ! noted down and interlined
III pencil on the certified copy the varia
lions from 1t which found in the Brown
specifications, which were earlier in point
of time. After it became necessary to put
certified copy of the original Bell speci-
ficatiOns in evidence as an exhibit in the
Dowd case, put i'll this pencil marked
and interllned copy without thinking to
erase the pencil marks. The com
posltor set up and it was
printed exactly in the shape in
which it stood, pencil marks and ali. The
document thus stands in the record of the
Dowd case which has been Incorporated
in the record of one of the cases. / there
tore made myself and for my own conven-
fence the changes, interlneations. and in
terpolations in his document which has
been used by the counsel on the other side
to support the charge of fraud The orig
mai spe clficatlons now on file in the pat
ent Office are the same which always have
been there. AS your honors will see from
certified Photographic copy, which | now
submit there are no changes or interim
eaton IN them. " This announcement
produced senation in the court room and
there was laughter and comment
Mr. Storrow then said: The clerk of
the United States Circuit Court for the
district Of Massachusetts was present
with the criminal documents in question
and that he should ask that officer to pre-
sent to the court as proof of his state.
ment and show that the interineations
were in pencil and in his (Storrows)
handwriting. Storrow was interrupted
at this point by the chief Justice who said
he thought all this inadmissable, that
inf IA l.
which dld not appear in the records and
this court could not examine witnesses or
hear evidence. Justice Bradley agreed
with the chief justice and said if the
counsel for the Bell company, even a
week ago when the charge of fraud was
brought mad made application to the
court, some way might have been devised
to bring up the issue in a proper manner,
but 1t was clearly irregular and improper
to bring it up in this way.
Mr.; Storrow said he held in his hand a
stipulation entered into by the counsel
for both sides that if this court so desired
II might call for and examine
the original documents in the court
below or the original Bell specifications to
verify the accuracy of the alleged copies
The stipulation accompanying the let
ter We're handed to the chief justice, who
read them aloud, The justice, af-
ter few moments consultation,
Gent to authorize the court to call for the
documents, aud the chief justice directed
Stetson, clerk of the Massachusetts Circuit
Court, TO present it. Amid profound
silence Stetson advanced, undid the
Brown paper packet and handed the bulky
document to Chief Justice Waite. As it
was being passed from one justice to an
other Mr.. Storrow arose to make further
| further explanations, but was stopped by
the chief justice, who said the court
would examine and make comparisons fol
| itself. Thus ended what disinterested
members OF the bar regard as one of the
! hottest and most brilliant legal skirmishes
that has recently taken place in this court
| Inc prevailing impression seemed to be
! that the charges OF fraud have been great
| ~ shaken if not Overthrown, and that the
counsel for the Bell company scored /
/ point.
a Detarminad